General terms and conditions for oreca store sales

I. COMMITMENT

1.1 The sale is complete when our services receive the order.

II. PRICE

2.1 Our prices correspond to the rate in effect on the day of the sale.

2.2 The prices indicated on our rates and catalogs are established by the factory. They are subject to change without notice.

2.3 Prices are expressed in euros (tax included). ORECA STORE reserves the right to modify them in case of a change in the VAT rate, and in the case of obvious errors in the price, the product, or the delivery.

III. PRODUCT MODIFICATIONS

3.1 The technical specifications and photo documentation are given for informational purposes and are subject to any changes without prior notice.

3.2 Deletion or modification of ordered items by the Oreca company's suppliers authorizes Oreca to cancel the order without the customer's agreement.

IV. RISKS

4.1 Sold items travel at the Buyer's expense and risk, except for possible recourse against the carrier. The Oreca company may in no case be held responsible for a dispute concerning the delivery of goods.

4.2 Items are deemed approved and authorized upon departure from our stores. Upon arrival at the destination, it is the customer's responsibility to recognize the condition or items before taking possession of them.
We strongly recommend checking the condition of the goods in the presence of the carrier, in order to ensure that there is no damage to the items. In the event of an abnormality (such as damaged packaging, or products that are missing, damaged or broken), the buyer:
- must accurately describe on the package's delivery receipt the reason for refusal.
-must co-sign the receipt with the carrier
- and will have a period of 3 days to notify Oreca-Store by any method.

4.3  The ORECA company draws its customers' attention to the fact that items intended for  vehicle adaptation for competition may exhibit characteristics such that their circulation may be prohibited on roads open to public traffic, invalid manufacturers guarantees and invalid insurance policies guarantees insofar as they modify the characteristics of such vehicles described in the protocol report issued by the Service des Mines: noise, pollution, maximum speed, tyre dimensions, etc. On the other hand, all these products sold by ORECA being intended for motorsport practice and competition, they are not subject to any specific contractual guarantee because their particular use could void the manufacturer's original warranty of the vehicle on which they are fitted.

4.4 In consideration of technicality of products sold by ORECA, we strongly recommend to ask for professional automotive mechanic services in order to ensure they are fitted in compliance with secundum artem and, where necessary, in compliance with current technical and sport regulations.

V. DELIVERY TIME

5.1 The ORECA company commits, in accordance with regulations in force, to deliver items in less than 4 months from the date of order, subject to the successful order completion by our provider.

VI. RETURNS

6.1 Regarding article L. 221-18 of consumer code, our customers have a period of fourteen calendar days from order delivery to return items in their original condition to ORECA, for an exchange or refund, without penalty except return expenses which remain the customer's responsibility. However, ORECA increases this day to thirty calendar days from order delivery. Beyond this period, no item will be returned, exchanged, or refunded. No returns will be accepted in the case of specific orders for unstocked items, special orders and/or made-on-measure products.

6.2 Customers must obtain a return merchandise authorization number from our customer service department before returning any items. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. Oreca-Store unfortunately cannot accept items that are returned without a return merchandise authorization number. These items will not be reimbursed and will be available for pick up from our warehouse.

6.3 If the item is not returned in its original condition with its packaging, we reserve the right to retain a minimum of 20% of the price of said item for storage, packing, or reconditioning.

VII. GUARANTEE

7.1 The ORECA company guarantees against hidden defects in the legal terms. The buyer has a period of eight days from discovering a hidden defect to notify his or her concerns by registered letter with the acknowledgement of receipt.

VIII. PAYMENTS AND DUE DATES

8.1 Our items and merchandise are payable in cash at the time of the order. For purchases in our shops, our items and available goods in stock are payable in cash at the time they are issued.

8.2 Means of payment accepted are Cash Card, Bank Check, Paypal, Bank Transfer and Cofidis.

8.3 If ordering by correspondence (mail, telephone, internet, etc.), our shipments are made after payment clears.

8.4 Any amount paid by the buyer toward the order is considered a deposit by the parties involved.

8.5 In the hypothetical situation where the company would be exceptionally granted specific payment terms, the items and merchandise are subject to repossession until full payment of the price, costs, and accessories is complete. In the event of non-payment by one of the agreed deadlines, the vendor may apply the cancellation condition. This cancellation condition does not affect the transfer of the Buyer's risks and dangers.

8.6 No discount will be given for cash payment, or payment prior to the scheduled maturity date. In the case of a late payment in relation to the deadline, the customer will be charged interest of 10% per year and a lump sum for recovery costs of 40 euros.

8.7 Penalty clause: in the event of non-payment, we shall be entitled to request the Buyer to pay damages in the amount of 15% of the total amount of the debt, with a flat minimum of 300 € per loan, regardless of the amount of the actual loss suffered.

8.8 Event of default: In the event of particular terms and conditions of payment, those particular terms and conditions will become null and void in the event delay of payment in whole or in part. 

8.9 Fighting payment fraud: in order to secure its customers' means of payment, ORECA may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead ORECA to refuse the concerned order. The delay in transmitting requested parts or the transfer receipt to ORECA may delay all the shipping and delivery of the ordered products.

8.10 Pay for your order in 3 or 4 instalments without added charges using your bank card for purchases of €100 to €2000 with Oney Bank.

Our partner, Oney Bank, offers you a financial solution called 3x 4x Oney, which allows you to make purchases of €100 to €2000 in 3 or 4 instalments using your bank card without any added charges.

Conditions: This offer is reserved for VISA or Mastercard holders residing in France who possess bank cards set to expire after the completion of the chosen payment plan. Systematic authorisation cards such as Electron, Maestro, Nickel etc, as well as E-cards, Indigo cards and American Express are not compatible with this service.

Conditions of subscription: After completing your order, you must click on ‘pay in 3x 4x Oney using bank card’. You will be redirected to 3x 4x Oney’s webpage showing a detailed overview of your order and your personalised finance plan, which is for you to validate. You must then enter your personal information or, if you hold a 3x 4x Oney account, you will enter your 3x 4x Oney account details. You will be informed of the general conditions for payment in multiple instalments to which you wish to subscribe, these are made available in PDF format for you to read, print off and register following your acceptance to the terms and conditions. You will confirm your acceptance electronically through ticking the checkbox. You must acknowledge that double-clicking on the acceptance box constitutes an irrevocable acceptance without reserve to the terms and conditions of the service. Unless proven otherwise, the details registered by Oney Bank constitute proof of the set of transactions in existence between you and Oney Bank. If you wish to benefit from one of the financial solutions that are offered by Oney Bank, the information linked to your order will be sent to Oney Bank to allow for the granting, management and recovery of credit, as well as for the overall execution of the order.

Oney Bank reserves the right to either accept or refuse your request for 3x 4x Oney financing. You have a 14-day window in which to cancel your receipt of credit following the acceptance of your order.

Operation: You may adjust your order for 3x 4x payment, using your bank card without any added charges, on our website in the following way: - making a compulsory contribution, debited on the day that your order is confirmed, totalling either one third or one quarter of your order; - two or three monthly payments, each totalling one third or one quarter of your order, collected on the 30^th and 60^th days for a 3x loan, or instead on the 30^th, 60^th and 90^th days for a 4x loan.

• Payment in 3 instalments for purchases ranging from €100 to €2000.

Example of a payment in 3 instalments for a purchase of €150: an initial contribution of €50 is made, followed by 2 monthly payments of €50, with credit over 2 months at a fixed APR of 0% at a financing cost of €0.

• Payment in 4 instalments for purchases ranging from €350 to €2000.

Example of a payment in 4 instalments for a purchase of €400: an initial contribution of €100 is made, followed by 3 monthly payments of €100, with credit over 3 months at a fixed APR of 0% at a financing cost of €0.

Oney Bank - SA with a capital of €50 741 215 - 40 Avenue de Flandre 59 170 Croix - 546 380 197 RCS Lille Métropole - n° Orias : 07 023 261 - www.orias.fr - Correspondence : CS 60 006 - 59895 Lille Cedex - www.oney.fr

IX. RETENTION OF PROPERTY CLAUSE

Under Act 80.335 from May 12, 1980, we reserve ownership of goods and products, subject to current debits, until payment of the full price and its accessories is complete. In the event of failure to pay for all or part of the price at the maturity date for any cause whatsoever, by express agreement, we reserve the right, without formality, to materially recover possession of these products or goods at your expense and risk. In the event of disputes, the Tribunal de Commerce de TOULON only holds jurisdiction for professional sales.

X. USE OF COMPUTER DATA

In accordance with the Freedom and Information Act of January 6, 1978 and with the EU regulation 2016/679, named General Date Protection Regulation (GDPR), you have a right to access, correct, oppose and delete your personal data.

You may exercise such rights on request accompanied by a credential sent to: ORECA - Parc D’activités de Signes - Avenue de Rome - BP 706 - 83030 Toulon 

Cedex 09 or by e-mail at commercial_os@oreca.fr

You may access to all information regarding your personal data use and to take note of all your rights by reading our data privacy policy.

XI. GOVERNING LAW AND CHOICE OF JURISDICTION

11.1 For any claim arising between ORECA and a buyer who, in compliance with the definition given by the preliminary article of the French Consumer Code “Code de la Consommation”, acts as a professional, only Commercial courts of Toulon (France) will be competent. Any claim shall be held in France and only the French version of those GTCS will serve as a reference.

11.2 For any claim and in compliance with the article L211-3 of the French Consumer Code « Code de la Consommation », any buyer acting as a consumer, as this quality is defined by the said French Consumer Code, can, if he wishes, take part into a consumer mediation by appealing to a mediator. For that purpose, ORECA appointed the CNPA (Conseil National des Professions de l’Automobile) mediator who may be reached as it follows :

With the on-line form at www.mediateur-cnpa.fr;

By e-mail at mediateur@mediateur-cnpa.fr;

By post at M. le Médiateur du CNPA – 50 rue Rouget de Lisle – 92158 Suresne Cedex